McCaskill v. Thomas

201 So. 3d 1170
CourtSupreme Court of Alabama
DecidedFebruary 26, 2016
Docket1141424
StatusPublished

This text of 201 So. 3d 1170 (McCaskill v. Thomas) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCaskill v. Thomas, 201 So. 3d 1170 (Ala. 2016).

Opinions

BOLIN, Justice.

The Alabama Department of Corrections (“the DOC”);1 Cheryl Price, former [1173]*1173warden of Bibb Correctional Facility (“the facility”); Dwayne Estes, former assistant warden of the facility; and Captain John Hutton, a correctional officer at the facility (the individual defendants are hereinafter collectively referred to as “the prison defendants”), petition this Court for a writ of mandamus directing the Montgomery Circuit Court to vacate its order denying their motion for a summary judgment and to enter a new order granting the motion on the ground that they are entitled to immunity. We grant the petition and issue the writ.

I. Facts and Procedural History

On May 25, 2010, Tyus Elliott, an inmate at the facility, died from a stab wound inflicted by Dexter Fields—another inmate at the facility.2 The stabbing incident occurred in the “D” dormitory, an open-bed bay area within the facility that houses approximately 106 inmates. The facts concerning the incident relied on by the parties come primarily from the deposition testimony of Fields, Cpt. Hutton, and Price. Fields testified that on May 25, 2010, at approximately 3:30 a.m., he was in a classroom in the back of the “D” dormitory where he was downloading some videos onto a contraband cellular telephone (“cell phone”);3 Fields 'actually possessed three or four contraband cell phones. While Fields was downloading the videos onto the cell phone, Elliott- entered the room and began talking to Fields, asking him for a cigarette and/or a cigarette lighter. While Elliott distracted Fields, another inmate, Kevin Maull, entered the room and took Fields’s cell phone from a window ledge where Fields had laid it. Fields moved toward Maull in an attempt to retrieve the cell phone. However, Fields retreated when Maull “brandished” a knife. Maull backed out of the classroom, accompanied by three or four 'inmates: Fields testified that he did not suspect that Elliott had played a role in Maull’s taking the cell phone. At approximately 6:00 a.m., Fields was summoned to the shift office where he was questioned by a correctional officer, Officer Bryan, regarding “the phone situation and everything.” Fields denied having had a cell phone. Officer Bryan allowed Fields to return to the “D” dormitory, after which numerous correctional officers searched the dormitory—turning up several contraband items. After the search, Fields was summoned to meet with Cpt. Hutton. During Fields’s meeting with Cpt. Hutton, Maull was escorted into the room. Cpt. Hutton told Fields that “this [is] the guy right here that upped the knife on you and took the phone.” Cpt. Hutton gave Fields and Maull a “living agreement” to sign, which indicated that the two could live peacefully together in the same, dormitory without fighting. According to Fields, Maull did not go back to the “D” dormitory right then; Fields did not know exactly where Maull went or where he had been taken. Fields remained with Cpt. Hutton for ap[1174]*1174proximately six or seven hours. During that time, a discussion ensued between Cpt. Hutton and Ms. McCall, the person responsible for bed assignments at the facility. McCall told Cpt. Hutton that she had made arrangements for Fields to be moved to another dormitory within the facility; McCall thought it would be best for Fields’s own protection. However, Cpt. Hutton told Fields he could return to the “D” dormitory. When McCall asked Cpt. Hutton why he was going to send Fields back to the “D” dormitory, Cpt. Hutton replied that he “didn’t give a damn if they killed each other.” Fields did not know to whom Cpt. Hutton was referring. Elliott’s name was never brought up during the meeting between Cpt. Hutton, Fields, and Maull, and it never registered with Fields, during the meeting, that Elliott had been involved in the scheme to take his cell phone. On the way back to the “D” dormitory, Fields retrieved an “inmate-made” knife he had hidden in the yard of the facility. Fields retrieved the knife for his own protection because of the incident that had occurred earlier in the day between him and Maull. When Fields returned to the “D” dormitory, he discovered that his other cell phones were missing; he was informed by another inmate that Elliott had taken them. Fields saw Elliott standing against the wall “brandishing” a knife and acting “strange.” Fields approached Elliott to confront him, at which time Elliott hit Fields in the mouth, prompting Fields to spontaneously stab Elliott in the chest ax-ea. Fields did not put “two and two together”—that Elliott had been involved in the first cell-phone incident—until he returned to the “D” dormitory and learned that Elliott had taken the other cell phones. Fields specifically testified in response to questioning by counsel for the prison defendants:

“A. Get back [to the dormitory], some of the stuff they packed up was scattered out, and the other phones I had were stolen, you know. Tyus Elliott went and got the remains after he found that I wasn’t going to do anything, you know. Rumor got out that I wasn’t going to do anything to Maull. That’s when he took his mask off and showed his face. He went ahead on and took the remains of the phones and stuff like that.
[[Image here]]
“Q, And [Elliott] stole those while you were up at—with Captain Hutton?
“A. Yes.
“Q. And how did you know that?
“A. Other inmates told me.
“Q. So if—it’s about four o’clock still. What did you do when you found that out?
“A. I confronted him.
“Q. Okay. That’s—and is 'that when ... you had a knife?
“A. Well, yes, I had got one then.
[[Image here]]
“Q. So, anyway, you went to get— did you go to kill [Elliott] or just go get your stuff back?
“A. I ain’t go to kill him, no. Wasn’t even going to be none of that. The knife was on me just for protection because everybody kept on pulling them out on me, and I wasn’t going to be pulled on anymore. That’s the only reason why I had the knife. I had the knife before I even discovered that my other phones were missing. I picked the knife up from another place I had it hidden on the way back to the [dormitory].
H
“Q. Okay, so you went by the yard on the way back, got your knife for protection?
[[Image here]]
[1175]*1175“A. I did not know that [Elliott] had stolen my phone before I had got the knife. I had got the knife so that I could protect myself due to being attacked earlier.
a
“Q. And it was obvious to you that you checked your stuff and, [your] phone[s] [are] gone, right?
“A. Well, yes. Because he’s standing on the wall and now he’s got a knife and he’s brandishing. He ain’t even acting his self.
«
“Q, AH right. And so what’s the first words or actions taken in this—in this confrontation?
“A. Well, I asked him—we exchanged some words. He said, say what you got to say.

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Bluebook (online)
201 So. 3d 1170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccaskill-v-thomas-ala-2016.